The Role Of The Prosecutors In The Effort Of Assets Recovery From Corruption Crimes

Abstract

Practically, corruption is an extraordinary crime, because the impact of corruption harmed the financial condition of a country, corruption are also alleged violated the social and economic rights of the community or citizens in the country. As a criminal act which included as an extraordinary crime, so an extraordinary method also needs to be applied in eradicating corruption. For this reason, an huge steps are needed to provide a deterrent effect to perpetrators of corruption. Punishment to corruption perpetrators is expected to provide a deterrent effect. One of that steps is to return the state losses which caused by corruption perpetrators, as well as being one of the anticipatory steps so that later people will not dare to commit corruption. This research was made with the aim to answer how to recover assets from corruption and to find out how the role of the prosecutor's office in efforts to recover assets from corruption crimes. In this research, the author uses normative legal research method, namely research that conducts an inventory of the applicable laws and regulations. The results of research regarding efforts to recover assets can be carried out through criminal and civil legal remedies. Furthermore, the role of the Prosecutor's Office as a law enforcement officer in charge of law enforcement regarding the assets recovery through criminal acts recognizes two mechanisms or procedures for recovery assets, the first mechanism or procedure is the seizure of assets without punishment, and the second is the mechanism or procedure for voluntary asset return. The steps that can be carried out in assets recovery are divided into several steps including the asset tracking steps, blocking or freezing steps, foreclosure, confiscation and return.